JUDGMENT : - Sujit Barman Roy, J. : Heard the learned counsel for the petitioner as well as for the State. Informant of the case is the petitioner here By this 'application informant/petitioner has expressed his grievance against the order of the 'learned Sessions Judge, Midnapore in Sessions Trial No. II/Oct. 1998 transferring the said case to the Court of the Assistant Sessions Judge. First Court, Contai for trial and disposal. 2. The case of the petitioner in short is that in this case charge-sheet was filed inter alia under section 307/120B I.P.C. The maximum punishment prescribed for the offence under section 307 I.P.C. is life imprisonment. However, the learned Assistant Sessions Judge instead of framing any charge under section 307, he framed charges, inter alia under section 395 I.P.C. Now the learned counsel for the petitioner contends that maximum punishment prescribed for offences 'under section 395/307 I.P.C. is life imprisonment. 3. The learned Counsel for the petitioner submitted that in view of section 28 Cr.P.C. the maximum possible punishment that can be awarded by the Assistant Sessions Judge cannot be above 10 years. In fact subsection (3) of section 28 Cr.P.C. provides that Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or imprisonment for life or of imprisonment for a term exceeding 10 years. Undoubtedly the offences under sections 307 and 395 I.P.C. are punishable with imprisonment above 10 years upto life imprisonment. Therefore, the learned Assistant Sessions Judge cannot award any sentence above 10 years of imprisonment. 4. The learned counsel for the petitioner contends that the case should be tried by such a Court which is competent to award maximum sentence to the accused possible under the law. 5. I, therefore, allow this petition, direct the learned Sessions Judge to withdraw the case from the learned Assistant Sessions Judge, First Court and either he himself should try the case or transfer the case to some other Court for trial and disposal which court is competent to award highest sentence prescribed for the offences under the law. 6. The trial court which may ultimately try the case is at liberty to modify or alter the charges already framed by the Assistant Sessions Judge. 7. With the aforesaid direction this petition is disposed of. Application disposed of. Direction given.